Planning
Introduction
Planning broadly refers to land use planning and the processes and applications that may be submitted pursuant to the Ontario Planning Act. The following identifies the order of importance for Planning in Ontario:
- Planning Act
- Provincial Policy Statements
- County or Regional Official Plans
- Local Municipal Official Plans
- Zoning Bylaws
Why is Planning necessary? For an insight into why municipalities adopt official plans and zoning bylaws as well as other controls, please see "WHY PLAN?"
5 Year Official Plan Review
The mandatory 5 year review of the Official Plan commenced in 2017 and is anticipated to wrap up in the first half of 2018. To date there have been two open houses at which comments were received from the public regarding the proposed changes to the official plan. For an understanding fo the work completed to date, please refer to the following documents:
Other Web Pages Of Relevance To Planning
This page includes general information that may be called upon during any planning application. However additional information respecting a particular process under the Planning Act, may be otained by clicking on one of the following links which is applicable to that particular section of the Planning Act.
Official Plan
Zoning
Severances
Minor Variances
Site Plan Control
Plan Of Subdivision
Recent Land Use Planning Decisions
Minor Variance File A03-2017S, Liscio
Minor Variance File A01-2018C, Millen
Consent File B01-2018C McCutcheon
Consent File B02-2018C, McNichols and Ballance
Consent File B05-2018S, Gaffney
Zoning File D01-2018C, County of Lennox and Addington
Planning Act Application Fees
Effective March 22, 2017, the Township will collect the fees applicable for the review of Planning Act applications on behalf of the Quinte Conservation Authority and the Kingston Frontenac Lennox and Addington Public Health. The fees payable to these associations are in addition to the regular fees charged by the Township. A single payment to the Township for the total of all applicable fees is due at the time of submission of the application.
Local Planning Appeals Tribunal
Effective April 3, 2018, the Ontario Municipal Board will be transitioned to the Local Planning Appeals Tribunal (LPAT). Persons wishing to appeal a Planning Act decision of Council or the Committee of Adjustment will now file an appeal with the LPAT. Directions, appeal forms and the appeal fees are available on the LPAT website.
Minimum Distance Separation (MDS) Guidelines
The MDS Guidelines were developed to help eliminate conflicts between agricultural and non-agricultural uses arising from the nuisance of odours.
New MDS Guidelines released in March of 2017 clearly provide that it is the responsibility of the municipality to ensure that the MDS Guidelines are applied consistently when development proposals are being considered.
A request for a MDS report may be submitted to the Township. When submitted, the request will be forwarded to the Township Planning Consultants for completion. Only those MDS reports prepared by the Township's Planning Consultants will be used in support of development proposals.
Reserve Sewage System Capacity
The 2005 Provincial Policy Statements require municipalities to consider remaining sewage system capacities during a review of land use planning applications. All sewage systems in the Township are private individual on-site systems. At times of pump-outs, waste from septic tanks must be deposited in a waste treatment facility. New building lots place extra burden on existing treatment facilities. A Reserve sewage sytem report indicates the waste treatment facility is able to accomodate any extra waste arising from development.
Reserve Sewage System Capacity
Road Widening Requirement
The Official Plan provides that whenever possible, the Township shall attempt to widen Township roads to a minimum of 20 meters on local roads and 26 meters on all major roads. If the Township road servicing the lands that are the subject of a planning application does not meet the minimum desired road width, any approval granted to the development application could be conditionnal upon the owner having the required road widening identified on a plan of survey and these lands will have to be transferred to the Township clear of any mortgages or liens that may be registered against the title of the subject lands.
Typically, the amount of the lands to be transferred to the Township is determined as being the width of the road which is less than 10 meters, measured from the centreline of the to the edge of the road allowance. The following diagram is intended to illustrate those lands that would be subject to road widening.
Complete Applications
To ensure planning authorities make informed decisions and in a timely fashion, the Planning Act prescribes information that must be included when an application is submitted to the Planning Authority. To address these requirements, Stone Mills has developed standardized forms with the intent to help the applicant identify the information that is required for a complete application. These application forms can be found under on that page dedicated to that type of application and identified at the top of this page.
Pre-Consultation
Pre-consultation is recommended for any person or corporation that is considering the submission of a development proposal within the Township of Stone Mills when:
- The proposed use of land is different from that which presently exists, such as a change from a commercial or industrial use to a residential use, or vice versa; or
- The proposal is on a parcel of land that has natural or man made features that could result in constraints to development such as wetlands or abandoned mines or pits.
To better understand the concept of pre-consultation and how to proceed with this process, please click on the following:
Pre-Consultation Request.
Agent Authorization
The land owner(s) is responsible for the submission and management of any land use Planning application. However, a land owner may assign the responsibility of an application to any other person. Upon doing so, all notices and inquiries and the day to day management of the planning application will be through the agent and not the land owner. Most commonly, an agent is assigned when the land owner is un-familiar with the requirements of the application process or if the land owner is going to be out of contact at any time during the application is being considered. To authorize an agent please complete and sign the following form.
Agent Authorization Form
Acknowledgment Of Costs
A standardized form has been developed whereby the applicant of a Planning Act application, acknowledges and accepts that all costs realating to that application and incurred by the Township will be the responsiblity of and paid for by the applicant. Please complete and sign this form and submit this with each application being submitted to the Township. An application is considered in-complete if a completed and signed copy of this Acknowledgement Of Costs is not included with the application. To view or download this form, please click on the following link:
Acknowledgement Of Costs
Title Searches
A title search may be required in support of or arising from a review or approval of a land use planning application. The Lands Registry office is located at 7 Snow Road, Unit 2 Napanee, Ontario K7R 0A2 Phone: (613) 354-3751 Fax: (613) 354-1474. When required by the Township, the title search must be conducted by a qualified professional. Additional information respecting title searching is avialable at the following link
titlesearches.ca
Closing Municipal Roads And Allowances
All requests for closing a municipal road allowance are administrated through the Planning Department. There is no application fee. A written request must be presented to Council explaining the reasons in support of the request. A deposit of $500.00 is required together with a completed and signed "Acknowledgement of Costs" form. Notice of this request is circulated to abutting land owners and a Public Hearing is required.
Guiidelines for Closing Road
Quinte Conservation Authority (CA)
The Quinte Conservation Authority is governed by a Board of Directors comprised of members from the governing Council from each municipality it serves. The Township of Stone Mills is represented by Councillor John Wise. The responsiblities of the CA include protection of persons and property arising from natural dangers such as flooding. For specific information relating to the services provided, please connsult the Staff Directory. The Quinte Conservation Authority is circulated applications submitted pursuant to the Planning Act. A fee is charged by the Quinte CA for these services in accordance with the following schedule of fees.
Quinte Conservation Authority Fee Structure
Kingston Frontenac Lennox & Addington Public Health
An agreement was executed between the Township and the Kingston Frontenac Lennox and Addington Public Health early in 2012. The agreement delegated to the HU the responsiblity for bulding permit applications for waste disposal systems. KFLA Public Health provides comments to the Township on the suitability of a parcel land for the installation of a waste disposal system and fees are charged for these services on a cost recovery basis. The KFL&A PUblic Health is circulated applications submitted pursuant to the Planning Act. A fee is charged by the Public Health for these services in accordance with the following schedule of fees.
Kingston Fronteanac Lennox and Addington Public Health Fee Structure
Natural Heritage Features and Mapping
The Ministry of Natural Resources has a Natural Heritage Make A Map function available that identifies natural heritage features on parcels of land across the Province of Ontario. This application will identify such features as Provincially Significant Wetlands and Woodlands, Areas of Natural and Scientific Interest (ANSIs) and such other features that could have an impact upon your development proposal. Persons interested in developing a vacant parcel of land or expanding upon existing development are encouraged to identify the natural features that may be applicable and understand the impacts this might have upon your proposal.
Natural Heritage Reference Manual
The Natural Heritage Reference Manual provides technical guidance for implementing the natural heritage policies of the Provincial Policy Statement. The manual represents the Province's recommended technical criteria and approaches for being consistent with the PPS in protecting natural heritage features and areas and natural heritage systems in Ontario.
Non-Agricultural Source Materials (NASM)
Non-Agricultural Source Materials are materials intended to enhance the crop producing capabilities of the soil in respect to farm operations. Examples include sewage bio-solids, pulp and paper bio-solids, leaf and yard waste, fruit and vegetable peels and food processing waste. A NASM Fact Sheet has been developed to help explain the application of NASM materials. The application of NASM is regulated by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). When applied according to the applicable guidelines, NASM can be safely applied to Ontario farmland and has been done so for more than 30 years.
Ontario Ministry of Environment Telephone 877 424 1300
Ontario Ministry of Agriculture Food and Rural Affairs Telephone 800 565 4923
Maintaining Your Private Well
Living in a rural area requires property owners to assume certain responsibilities that are often looked after by the municipality in an urban setting. One of these, is maintaining your private well. For your own protection, property owners should undertake a regular program of well maintenance. Taking care of your well involves protecting your well water from ground surface contaminants, inspecting your well, and testing your well water regularly for contamination issues.
The closest threat to your well is usually in your own yard. Regularly walk the yard in a 100 foot radius of your well looking for potential problems such as:
- Poorly located or maintained septic systems;
- Surface spills of fuels and oils
- Improper disposal of household hazardous wastes such as paint, solvents, and cleaners
- Road salt
- The use of fertilizers and herbicides in gardens and flowers beds
- Pet and livestock wastes
Ontario Regulation 903 requires the well to be accessible. As part of the maintenance routine, clear the well head of brush and other debris. Ideally there should be a maintained lawn around the well head, however fertilizers and pesticides should not be used in this area.
Check the well cap for signs of damage. The cap should fit firmly and snugly, the screened vent should face the ground and keep the air vent clean. Annular Seal. If the casing can be moved by hand and there is a depression in the ground around the well casing, the sealant has cracked or shrunk. A faulty annular seal requires professional repair, call an MOE Licensed Well Contractor.
Regulation 903 requires the well casing to extend a minimum 16 inches above the finished grade. This is to prevent contamination by surface water and run-off. Well pits were common on wells constructed before 1985 when the well casing was terminated below ground and an access pit such as well tiles were placed over and around the casing with a lid. Well pits are no longer considered safe because they often fill with surface water and debris, leading to contamination. If you have a well pit you should plan on hiring a licensed contractor to extend the casing above grade.
If you have an unused or unmaintained well on your lands, this well should be properly decommissioned by a licensed professional. Abandoned wells can be a direct source of contamination to the underground aquifer, that could be the source of water for your regularly used well as well as neighbours wells downstream from the abandoned well. Additionally, abandoned wells can be a health and safety hazard for children. Seek a qualified professional to decommission an abandoned well.
The Ontario Ministry of the Environment and the Ontario Ministry of Health recommends that you sample and test your well water three times a year. Standard tests are for bacteria, including total coliforms and E.coli. The Health Unit provides these tests free of charge for private domestic wells. Drinking water from wells used for commercial, institutional or industrial purposes are regulated by the Safe Drinking Water Act and must submit their samples to Accredited Laboratories.
Well Records
The Ministry of Environment and Energy maintains records of water wells across the Province. If you require information about a well on a particular parcel of land or are looking for the available water supply for a particular area, you can conduct a Well Record Search from the website maintained by the Ministry of Environment and Energy for this purpose.
Well Contractors
All contractors that are responsible for the supply of drinking water must be licensed in the Province of Ontario. For a current list of licensed well contractors please check the Directory Of Licensed Well Contractors In Ontario on the Ministry of Environment website. For additional information respecting private wells, please contact the Kingston Frontenac Lennox and Addington Public Health or the Ontario Ministry of Environment.